Can I file my kids daycare costs if their father (we live together and are not married) files the children on his taxes?

[taylorgaulding]

My children's father and I live together with our children. He files the children on his taxes and we equally take care of the children. I pay for childcare. How would I file the child care tax if I cannot claim them as dependents, being that we agreed for him to file them?

[xmasbaby0]

No.   If all of you live together as a family, the children must be claimed on only one of your tax returns.   You do not "split" the child-related credits when you all live together.  So---if your BF is their bio-dad then he claims them and includes the childcare credit on his tax return.   You will have to work out how to share the refund between the two of you.

[Mike9241]

just as an aside, when two people have meet the same criteria for claiming their child, the tax rules say it must be the one with the highest adjusted gross income.  if it's their father then he's properly claiming them.